Permanent Residency Pathway for 482

Permanent Residency Pathway for 482 Tss Short-term Stream Visa Holders

Australia has a number of visa programs that allow foreigners to become permanent residents. The 482 visa program is a temporary visa program that allows foreign workers to live and work in Australia on a temporary basis. This blog post will discuss the process for applying for permanent residency through the 482 visa program.

If you are a foreign worker who is currently living in Australia on a 482 visa, you may be eligible to apply for permanent residency. The process for applying for permanent residency through the 482 visa program is fairly straightforward, but there are a few things you should know before submitting your application. In this blog post, we will discuss the eligibility requirements for applying for permanent residency through the 482 visa program, as well as the steps involved

In response to the strong labour demand and the declining number of temporary visa holders in 2021 dut to the COVID-19 pandemic, announcement was made by the Minister the Hon Alex Hawke MP on 25 November 2021, and implementation of visa changes will commence on 1 July 2022* to improve access to permanent residence through subclass 186 Employer Nomination Scheme (ENS) Visa Temporary Residence Transition (TRT) stream or subclass 187 Regional Sponsored Migration Scheme (RSMS) Visa TRT stream for

· Existing Temporary Skill Shortage (subclass 482) visa holders in the short-term stream

Legacy Temporary Work Skilled (subclass 457) visa holders

Temporary Skill Shortage (Subclass 482) Visa Holders In The Short-Term Stream

Unlike 482 TSS medium-term stream visa holders, 482 TSS short-term stream visa holders do not access the permanent resident pathway.

In recognition of the contribution of skilled migrants to Australia during the COVID-19 pandemic, the new change allows access to subclass 186 ENS TRT stream or subclass 187 RSMS TRT stream for 482 TSS short-term stream visa holders who:

  • was in Australia for a cumulative total of at least 12 months between 1 February 2020 and 14 December 2021; and

  • is employed by an eligible business in Australia at time of subclass 186/187 application.

Legacy Temporary Work Skilled (Subclass 457) Visa Holders

Applicants who, on 18 April 2017, held or applied for a subclass 457 visa that was subsequently granted (legacy 457 workers) can continue to access to transitional arrangements to access permanent residence through a subclass 186 ENS TRT stream or a subclass 187 RSMS TRT stream.

Unlike age limitation of under 45 applies to the 482 TSS Short-term visa holders, the legacy 457 workers will be exempted from the age limitation for the subclass 186 ENS visa in the TRT stream. 

FAQ

When will the changes to PR pathway start?

These changes will commence on 1 July 2022. Eligible 482 TSS short-term stream holders or legacy 457 visa holders can apply for 186/187 PR visas on or after this date.

Am I eligible for this new change as a 482 TSS short-term visa holder?

Only 482 TSS short-term visa holders who were in Australia for a cumulative total of at least 12 months between 1 February 2020 and 14 December 2021 and are employed by eligible businesses at time of 186/187 PR visa application are eligible.

When can I apply for 186/187 PR visa?

You must hold a subclass 482 visa and have been employed in the position in relation to which the relevant subclass 482 visa, for at least 3 years (not including any periods of unpaid leave) during the period of 4 years immediately before the 186/187 visa application is made.

If you are a specific 457 visa holder, you must hold a subclass 457 or 482 visa and have been employed in the position in relation to which the relevant subclass 457 or 482 visa, for at least 2 years (not including any periods of unpaid leave) during the period of 3 years immediately before the 186/187 visa application is made.

What if my working hour was reduced due to COVID-19?

COVID-19 concession is available if you took unpaid leave or worked part time hours due to the COVID-19 related lockdowns and restriction (COVID-19 reduced work period).

The COVID-19 reduced work period can be deducted from the 2 years requirement for the specific 457 visa holders or from the 3 years requirement for the 482 visa holders.

*Migration (Specified persons and periods of time for regulation 5.19) Instrument (LIN 22/038) 2022

**Migration (Age exemption for subclass 186 (Employer Nomination Scheme) visa) Amendment Instrument (LIN 22/047) 2022

Agape Henry Crux can Help You

If you want to find out more about your visa or need advice on your Australian migration matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.  

We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.